By Prokopis A. Christou, PE
In today's issue, we will focus on recent activities by the Research and Special Programs Administration (RSPA) as published in the Federal Register.
Some explanations: RSPA is an agency of the U.S. Department of Transportation (DOT). It is the Federal agency charge to the hazardous materials regulatory program in the U.S. For modal requirements (air, water, highway, and rail), RSPA works together with he modal transportation agencies: Federal Aviation Administration , U.S. Coast Guard, Federal Motor Carrier Safety Administration, and the Federal Railroad Administration. The term hazardous materials used in the U.S. is identical to the term dangerous goods used internationally. The Federal Register is the "newspaper" of U.S. government where all Federal agencies must publish notices of regulatory actions.
U.S. Federal agencies have published their semiannual regulatory agendas in the December 9, 2002 Federal Register.
To find out about regulatory actions in the works or completed related to hazardous materials transportation, check the entries for the RSPA of and the modal administrations listed under the Department of Transportation. Remember to check the listings in both the Unified Agenda and the Semiannual Agenda.
The table below includes a partial list of regulatory actions about hazardous materials transportation issues that RSPA is working on or has completed. Some listed target dates have been missed.
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In response to five appeals, RSPA made changes to a final rule published on July 12, 2002, in which it amended the Hazardous Materials Regulations (HMR) to require shippers and carriers to retain a copy of each hazardous material shipping paper, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by a carrier.
The July 12 final rule required each shipping paper copy to include the date of initial acceptance. For rail shipments, the date of acceptance may be the date on the shipment waybill or bill of lading. It also required that copies of shipping papers must be made immediately available, if requested, to an authorized government official.
In this final rule, RSPA revised Sections 172.201(e), 174.24(b), 175.30(a)(2), 176.24(b), and 177.817(f) by removing the word "immediately." Persons subject to the shipping paper retention requirement must make copies available, upon request, "at reasonable times and locations." This change aligns the language in the regulations with the statutory language establishing the shipping paper retention requirement in Section 5110(d) of Federal hazmat law. Generally, RSPA expects that the requested documents will be made available to an inspector some time on the day that he or she is at the inspection site. RSPA says that electronic capabilities such as fax machines and email permit companies to transmit copies of shipping papers from shipping locations all over the world to a principal place of business very quickly, and does not believe there is any basis for fears about unreasonable enforcement of this requirement.
As for "Shipment Acceptance Date," RSPA states that air carrier systems for completing and transmitting shipping documentation are similar to those for both rail and vessel shipments. Therefore, it revised Sections 172.201, 175.30, and 176.24 to permit use of the date on a waybill, airbill, or bill of lading to be used as the date of acceptance required on a shipping paper.
The revised rule is effective November 1, 2002. For more information see the November 1, 2002 Federal Register.
According to the December 3, 2002 Federal Register, RSPA is proposing amendments to the Hazardous Materials regulations (HMR) to maintain alignment with international standards (the United Nations Recommendations, the International Maritime Dangerous Goods Code, and the International Civil Aviation Organization's Technical Instructions). According to RSPA, these changes are necessary to facilitate international commerce. The proposed action will affect shippers and carriers of hazardous materials.
The proposed amendments include but are not limited to the following:
To find out if your operation will affected and how, review the proposed rule. You have until February 3, 2003 to submit comments. Below is a partial list of the changes in more detail:
Clarify Environmentally Hazardous Substances Table Entry
New Special Provision 146 would be added for the entries "Environmentally hazardous substances, liquid, n.o.s.," UN3082 and "Environmentally hazardous substances, solid, n.o.s.," UN3077 to clarify that the entries may be used to describe materials that pose a hazard to the environment but do not meet the definition of a hazardous waste, hazardous substance or any hazard class as defined in the HMR. This includes materials or wastes that are designated as environmentally hazardous by the Competent Authority of the country of origin.
Add New Marking for Limited Quantity
A new section, § 172.315, would be added as a new marking requirement for packagings containing limited quantities of hazardous materials. This section would require such packagings to be marked with the identification (ID) number placed within a diamond. Marking the proper shipping name on limited quantity packagings would not be required. The line forming the diamond would be required to be at least 2 mm thick and the height of the ID number no less than 6 mm. For packagings containing more than one limited quantity of hazardous materials with different ID numbers, the packaging would be required to be marked with either individual diamonds bearing a single ID number, or a single diamond large enough to include each applicable ID number. The marking would be required to be durable, legible and of a size relative to the packaging as to be readily visible. Here's an example of this marking:
Add New Marking for Air Eligibility
A new section, § 172.323, would be added to incorporate an air eligibility marking requirement into the HMR for all non-bulk packages offered for transportation or transported by aircraft. The marking would certify compliance with all applicable air transport package requirements, including pressure differential requirements, package markings and labels, inner packaging limits, selection of appropriate types of packagings, use of closure instructions for inner packagings, application of the cargo aircraft handling label (when applicable), and proper classification.
The ICAO has adopted this requirement in the 2003--2004 edition of the ICAO Technical Instructions, and a number of packaging vendors and military shippers are currently marking packagings to indicate that they meet the additional air requirements through the use of an air eligibility symbol, such as the one proposed, or by use of the statement "Air Eligible.'' In addition to consistency with the ICAO Technical Instructions, RSPA believes that the use of an air eligibility mark would be beneficial in heightening shipper awareness and responsibility for meeting the additional air transport package requirements. Adoption of this requirement would reduce the inadvertent acceptance for transportation by aircraft of packages that conform only to highway, rail or vessel requirements.
The shipper would be responsible for the application of the marking, but would not be required to physically place it on the package. The marking could be applied by using a durable sticker or label, preprinting it on the packaging, or drawing it on the package by hand. The marking would be required to be durable, legible, and of such size relative to the packaging as to be readily visible. Preprinting by the package manufacturer would require the manufacturer and the shipper to closely coordinate to ensure that the package meets the applicable air transport requirements. The shipper would be responsible for ensuring that the package meets the applicable air transport requirements. Here's an example of this marking:
Add Absorbent for Packing Groups I and II Liquids Shipped by Aircraft
Paragraph 173.27(e) would be revised to require packagings with plastic and metal inner packagings to be packaged using absorbent material when Packing Group I or II liquids of Class 3, 4 or 8 or Division 5.1, 5.2 or 6.1 are offered for transport by passenger or cargo aircraft. Currently, the requirement to use absorbent material applies to Packing Group I and II materials when offered for transport by passenger aircraft, and to Packing Group I materials when offered for transport by cargo aircraft. RSPA is proposing to also apply this requirement to Packing Group II materials offered for transport by cargo aircraft. Existing absorbent material requirements apply when inner packagings are constructed of glass or earthenware. The absorbent material requirement currently does not apply to Division 5.2 liquids. Various air carriers are currently imposing such a requirement, and it has been adopted in the 2003--2004 edition of the ICAO Technical Instructions, effective January 1, 2003. Therefore, offerors and shippers will be required to meet these requirements when air transport is in accordance with the ICAO Technical Instructions regardless of whether the requirements are incorporated into the HMR. New paragraph 173.27(i) would refer the reader to proposed new section § 172.323 for the air eligibility marking requirement for packagings containing hazardous materials being transported by aircraft.
Include in Shipping Description the Class/Division Numbers for Subsidiary Hazards
RSPA is proposing to require the subsidiary hazard class or subsidiary division number's) to be entered in parentheses following the primary hazard class or division number on shipping papers (172.202). This requirement is currently required only for transportation by vessel. RSPA is also proposing to allow an alternative sequence for the basic shipping description which is used by Europeans for road shipments. Here's an example for Cyclobutyl chloroformate:
Current sequence: Cyclobutyl chloroformate, 6.1, (8,3), UN2744, PGII.
Alternative sequence: UN2744, 6.1, (8,3), Cyclobutyl chloroformate, PGII.
Include Total Quantity of Hazardous Materials
RSPA is proposing to revise paragraph 172.202(a)(5) regarding the indication on shipping papers of the total quantity of hazardous materials. The proposed requirement, which is currently optional for all modes of transportation other than vessel, would make it mandatory for shippers to indicate on shipping papers the types of packages, such as drums, boxes, jerricans, etc., being used to transport hazardous materials by all modes of transportation. This requirement is consistent with international standards. RSPA is asking for comments on costs, benefits, and complications that could result from adoption of this requirement. For example, certain electronic shipping paper programs, materials transported under a single basic description that are packaged in more than one type of packaging possibly would need to be listed more than once on the shipping paper. Alternatively, alterations to those programs may be necessary to provide space required to list more than one type of package for a single basic description.